What to wear at polls? High court to weigh in

Justices to hear case on wearing political gear at the polls.

WASHINGTON — A “Make America Great Again” hat. A tea party T-shirt. A MoveOn. org button.

Wear any one of those items to vote in Minnesota, and a poll worker will probably ask you to remove it or cover it up.

Like a number of states, Minnesota bars voters from wearing political items to the polls to reduce the potential for confrontations or voter intimidation. But that could change. The Supreme Court on Feb. 28 will consider a challenge to the state’s law, in a case that could affect other states, too.

Wen Fa, a lawyer with the Pacific Legal Foundation, the group behind the challenge to Minnesota’s law, says voters wearing political apparel shouldn’t have to hang up their hats just to cast a ballot.

Wearing political clothing is “a passive way to express core political values,” said Fa, who said the case is “about the free speech rights of all Americans.”

Minnesota sees it differently. In court papers, it says the law is a “reasonable restriction” that preserves “order and decorum in the polling place” and prevents “voter confusion and intimidation.”

“I think what’s important to understand is the purpose of this prohibition is to protect the fundamental right to vote,” said Daniel Rogan, who is arguing the case for the state and said he doesn’t know of anyone being issued a fine of up to $300 allowed under the law. Lower courts have sided with the state.

Beyond Minnesota, state laws vary in their fashion policing of the polls.

The Supreme Court last considered the issue of free speech at polling places in 1992 when the court upheld a Tennessee law prohibiting the display or distribution of campaign materials within 100 feet of a polling place.

The case now before the justices began in 2010 when several groups sued after Minnesota officials made clear they wouldn’t permit residents to vote while wearing tea party apparel or buttons that said, “Please I.D. Me.” The buttons referred to legislation then under discussion in the state and ultimately defeated that would have required residents to show photo identification to vote.

JIM MONE / ASSOCIATED PRESS Andy Cilek poses with a tea party shirt at his home in Eden Prairie, Minn. Cilek was one of two voters who defied elections officials after he was asked to cover up a tea party shirt and button.